The department has recently reviewed and compared the federal and state law
concerning odometer disclosure statements.Since the review, it has been determined that a dealership may use a Florida form HSMV 82993 (when applicable) in
lieu of creating their own odometer disclosure statement in order to meet the
requirements of federal law.The form
HSMV 82993 contains all of the elements of a required odometer disclosure
statement.Therefore, an accurately completed
form (or a copy of the completed form) HSMV 82993 may be used by dealerships
when submitting documentation which requires odometer verification (correcting
an odometer error/omission, alterations, etc).A letterhead affidavit signed by the dealership, explaining the error,
would continue to be required for an alteration or discrepancy.The following is the exact wording from the Code
of Federal Regulations (CFR),
Title 49, Chapter V, concerning odometer disclosure information:

PART 580--ODOMETER DISCLOSURE REQUIREMENTS

Sec. 580.5Disclosure of odometer
information.

(a) Each title, at the time it is issued to the transferee,
must contain the mileage disclosed by the transferor when ownership of the
vehicle was transferred and contain a space for the information required to be
disclosed under paragraphs (c), (d), (e) and (f) of this section at the time of
future transfer.

(b) Any documents which are used to reassign a title shall
contain a space for the information required to be disclosed under paragraphs
(c), (d), (e) and (f) of this section at the time of transfer of ownership.

(c) In connection with the transfer of ownership of a motor
vehicle, each transferor shall disclose the mileage to the transferee in
writing on the title or, except as noted below, on the document being used to
reassign the title. In the case of a transferor in whose name the vehicle is
titled, the transferor shall disclose the mileage on the title, and not on a
reassignment document. This written disclosure must be signed by the
transferor, including the printed name. In connection with the transfer of
ownership of a motor vehicle in which more than one person is a transferor,
only one transferor need sign the written disclosure. In addition to the
signature and printed name of the transferor, the written disclosure must contain
the following information:

(1) The
odometer reading at the time of transfer (not to include tenths of miles);

(2) The
date of transfer;

(3) The
transferor's name and current address;

(4) The
transferee's name and current address; and

(5) The identity of the vehicle,
including its make, model, year, and body type, and its vehicle identification number.

(d) In addition to the information provided under paragraph
(c) of this section, the statement shall refer to the Federal law and shall
state that failure to complete or providing false information may result in
fines and/or imprisonment. Reference may also be made to applicable State law.

(e) In addition to the information provided under paragraphs
(c) and (d) of this section,

(1) The
transferor shall certify that to the best of his knowledge the odometer reading
reflects the actual mileage, or;

(2) If
the transferor knows that the odometer reading reflects the amount of mileage
in excess of the designed mechanical odometer limit, he shall include a
statement to that effect; or

(3) If
the transferor knows that the odometer reading differs from the mileage and
that the difference is greater than that caused by odometer calibration error,
he shall include a statement that the odometer reading does not reflect the
actual mileage, and should not be relied upon. This statement shall also
include a warning notice to alert the transferee that a discrepancy exists
between the odometer reading and the actual mileage.

(f) The transferee shall sign the disclosure statement, print
his name, and return a copy to his transferor.

(g) If the vehicle has not been titled or if the title does
not contain a space for the information required, the written disclosure shall
be executed as a separate document.

Sec. 580.8
Odometer disclosure statement retention.

(a) Dealers
and distributors of motor vehicles who are required to execute an odometer
disclosure statement shall retain for five years a photostat,
carbon or other facsimile copy of each odometer mileage statement which they
issue and receive.They shall retain all
odometer statements at their primary place of business in an order that is
appropriate to business requirements and that permits systematic retrieval.

(b) Lessors shall retain, for five years following the date they transfer ownership of the leased vehicle, each odometer disclosure statement which they receive from a lessee. They shall retain all odometer disclosure statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.

(c) Dealers and distributors of motor vehicles who are granted a power of attorney by their transferor pursuant to Sec. 580.13, or by their transferee pursuant to Sec. 580.14, shall retain for five years a

photostat, carbon, or other facsimile copy of each power of attorney that they receive. They shall retain all powers of attorney at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.

DMV Procedure TL-09 has
been revised and posted to the department's website at: